Here’s an example of a legal right, and a justification for its existence:
Society needs someone appointed to make decisions on everyone’s behalf, because we can’t get anything done if we need to consult the whole population about every decision. Since this person is making decisions for everyone, everyone should have a say in choosing who this person is. Therefore, everyone should have a right to vote.
We start with a societal need, and the rights endowed upon citizens are based on that need.
Here’s another societal need:
Society needs good future citizens. Thus, society needs children, and needs to promote the best upbringing for those children. Children require a mother and father. The best care for children is usually given by their parents, and this care will take many years and require huge investment. Thus the people involved need to feel secure as they invest time, effort and money into creating a family in which children can grow up. Thus, we create a legal framework where any man and woman (the most basic and universal requirement for parents) may enter into a legal contract that encourages them to invest in creating a potential home for children. Thus, any pair of one man and one woman may choose to get married.
Several countries are currently discussing (or are already in the process of) redefining marriage. With that in mind, there’s a new paper by Ryan T. Anderson entitled: Marriage: What It Is, Why It Matters, and the Consequences of Redefining It. Although there are obvious religious considerations to this issue, Anderson isn’t actually discussing those issues in any detail in this paper.
The abstract expands:
Marriage is based on the truth that men and women are complementary, the biological fact that reproduction depends on a man and a woman, and the reality that children need a mother and a father. Redefining marriage does not simply expand the existing understanding of marriage; it rejects these truths. Marriage is society’s least restrictive means of ensuring the well-being of children. By encouraging the norms of marriage—monogamy, sexual exclusivity, and permanence—the state strengthens civil society and reduces its own role. The future of this country depends on the future of marriage. The future of marriage depends on citizens understanding what it is and why it matters and demanding that government policies support, not undermine, true marriage.
In 1 Corinthians 1-6, Paul admonishes the church in Corinth because church members have been suing each other. In this age of incessant litigation, it’s a passage with a great deal of application.
Here’s how it reads in the NIV:
“If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, do you ask for a ruling from those whose way of life is scorned in the church? I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother takes another to court — and this in front of unbelievers!”
Recently, I’ve been reading through the Old Testament. I haven’t read the latter books of the Pentateuch for a while, so it was an interesting experience. The Pentateuch makes up the first five books of the Bible: Genesis, Exodus, Leviticus, Numbers and Deuteronomy, and also comprises the Jewish Torah. This collection is also referred to as the Books of the Law, which is what Jesus is talking about when he mentions “the Law and the Prophets” (e.g. Matt. 5:17, Matt. 7:12).
Genesis and the first half of Exodus are largely composed of narrative, but from that point on there are indeed large chunks of detailed instruction from God which dominate the books of Leviticus, Numbers and Deuteronomy. And when you hear people talking vaguely about “all those crazy rules and stuff in the Bible”, it’s generally the last three books of the Pentateuch that they have in mind. So as I worked my way through these books, I was expecting to find an endless list of obscure and arbitrary prohibitions.
In contrast, I was delighted at just how sensible all the laws are. But there are a few important things to bear in mind as you read them.